cases where said court of common pleas shall have made any order or direction in that behalf. inal Courts, and to have concur SEC. 6. The judge of the court of criminal jurisdiction in Judges of Crimeach county in this State, where such court is now or may Probate Judges, hereafter be established, shall have concurrent jurisdiction rent jurisdic. with the probate judge of such county, in all matters wherein, tion. by this act, jurisdiction is conferred on such probate judge. SEC. 7. The first, second, third, fourth and twentieth sec- Repealed. tions of the act directing the mode of trial in criminal cases, passed March seventh, eighteen hundred and thirty-one, be, and the same are hereby repealed. JAMES C. JOHNSON, Speaker of the House of Representatives. March 12, 1852. President of the Senate. An ACT To repeal the fifty-seventh section of an act directing the mode of proceeding in chancery, passed March fourteenth, one thousand eight hundred and thirty-one, and to direct the manner of, and terms upon which decrees may be opened in causes where the same have been rendered against parties without actual notice. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That parties against whom a decree in chancery has been rendered, without other notice than the publication in the newspaper, as provided for in the act directing the mode of proceeding in chancery, may, at any time within five years after the date of the decree, have said decree opened, and be permitted to come in and defend, and have a hearing of the -cause, the same as if no decree had been rendered therein; but before the decree shall be opened, the applicant or applicants shall give notice in writing to the original complainant, or his representatives, of the intention to make such application, and shall file a full answer to the original bill, make an affidavit, that during the pendency of said suit, he or she, as the case may be, received no actual notice thereof, in time to appear in court, and to object to said decree; and the court before which such application may be made, shall, before ordering said decree to be opened, make such order as to the costs, as may, under the circumstances, seem just and equitable; Provided, that the title to any real or personal estate, the subject of the former decree which by it, or in consequence of it, shall have passed into the hands of a bona fide purchaser, shall not be af fected by any proceedings under this act. SEC. 2. That the fifty-seventh section of the act directing the mode of proceeding in chancery, passed March fourteenth, one thousand eight hundred and thirty-one, be, and the same is hereby repealed. JAMES C. JOHNSON, President of the Senate. March 24, 1852. AN ACT Authorizing the Courts of Justice to change the venue in suits wherein a Corporation is a party, in certain cases. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That in any suit wherein a corporation, having more than fifty stockholders, is a party, if the opposite party, plaintiff or defendant, as the case may be, shall make affidavit that he cannot have a fair and impartial trial in the county in which such corporation keeps its principal office, or transacts its principal business, as he verily believes, and if his application shall be sustained by the several affidavits to the same effect, of five credible persons, residing in such county, it shall be the duty of the court to change the venue to some adjoining county, most convenient for both parties; whereupon the suit shall be tried or heard in the same manner as if it had been originally commenced in such adjoining county. JAMES C. JOHNSON, April 24, 1852. President of the Senate. AN ACT To Regulate the Superior and Commercial Court of Cincinnati. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That whenever the office of Judge of the Superior or Commercial Court of Cincinnati, shall become vacant, by death, resignation, or otherwise, such vacancy shall not be filled, but the court shall at once cease and determine, and all business thereof, not then disposed of, shall be transferred to the court of Common Pleas of Hamilton County, and the clerk of the said court of Common Pleas shall take charge of the dockets, journals, records, original files, and all other property and papers of said Superior or Commercial Court; and all proceedings, causes, orders, judgments, decrees, and matters theretofore pending, entered and had in the said Superior and Commercial Courts, shall stand, be proceeded upon, and prosecuted, in all respects, to final determination, as though the same had been originally commenced in the Court of. Common Pleas. JAMES C. JOHNSON, President of the Senate. April 24, 1852. AN ACT To attach the County of Noble to the first subdivision of the Eighth Common Pleas District. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the County of Noble be, and hereby is attached to, and with the counties of Muskingum and Morgan, shall constitute the first subdivision of the eighth common pleas district, for judicial purposes. JAMES C. JOHNSON, President of the Senate. April 24, 1852. AN ACT Fixing the time of holding the District Court in the County of Noble. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the District Court shall hereafter be held in and for the County of Noble, on the twenty-eighth day of August. JAMES C. JOHNSON, Speaker of the House of Representatives. President of the Senate. April 24, 1852. What process and remedies resorted to. AN ACT Further prescribing the powers and duties of the courts of this State, and the judges thereof, and to repeal the eighteenth section of the act "relating to the organization of courts of justice, and their powers and duties," passed February nineteenth, one thousand eight hundred and fifty-two. SEC. 1. Be it enacted by the General Assembly of the State may be had and of Ohio, That all process and remedies authorized by the laws of this State, when the present constitution took effect, may be had and resorted to in the courts of the proper jurisdiction, under the present constitution; and all the laws regulating the practice of, and imposing duties on, or granting powers to the supreme court, or any judge thereof, and the courts of common pleas, or any judge thereof, respectively, under 'the former constitution, except as to matters of probate jurisdiction, in force when the present constitution took effect, shall govern the practice of, and impose like duties upon the district courts and courts of common pleas, and the judges thereof respectively, created by the present constitution, so far as such process, remedies and laws, shall be applicable to said courts respectively, and to the judges thereof, and not inconsistent with the laws passed since the present constitution took effect. Judge of Com. siding Judge in SEC. 2. Each judge of the court of common pleas, shall, in Pleas to be Pre his subdivision, be the presiding judge of said court, and when bis subdivision. any person or persons shall be convicted of any crime or of fence, and the court of common pleas or criminal court of any county, shall have signed and sealed a bill of exceptions to any decision or charge of said court, such court may, on the application of the person or persons so convicted, suspend the execution of the sentence or judgment, against such person or Bill of excep- persons, until the next term of such court; Provided, that if tions, suspen- it shall be made to appear at the next term of said court, that tion, and writ a writ of error has been allowed in any such case, and no hear sion of execu of error. Books, station&c., for Su ery, ing on such writ shall have been had, it shall be the duty of said court, on application made for that purpose, further to suspend such execution, until the hearing of the cause on such writ of error. SEC. 3. All books, stationery, and other articles for the use preme Court, of the Supreme Court, shall be furnished by the Secretary of furnished by Se- State, on the order of the court; and no bill for any such arti cles shall be allowed or paid, unless furnished in accordance with the provisions of this act. cretary of State. Repealing clause. SEC. 4. That the eighteenth section of the "act relating to the organization of courts of justice and their powers and duties," passed February nineteenth, one thousand eight hundred and fifty-two, be and the same is hereby repealed. JAMES C. JOHNSON, Speaker of the House of Representatives. President of the Senate. April 30, 1852. AN ACT Further to regulate the practice and provide for the jurisdiction of the Crimiinal Court of Hamilton county, to direct the transfer of certain business now remaining in the Court of Common Pleas for the first district, from the last named court into that first named. cognizances. SEC. 1. Be it enacted by the General Assembly of the State Transfer of reof Ohio, That all recognizances taken or continued so as to require the appearance of the accused at the May term, in the year eighteen hundred and fifty-two, be removed out of said court of Common Pleas for the first district, into the said "The Criminal Court of Hamilton county," to be there tried and adjudged as though commenced by indictment or otherwise, originated in the said "the Criminal Court of Hamilton county," and to be in all respects subject to all powers and jurisdiction whatsoever, vested by law in the courtiast named. SEC. 2. That all recognizances be held by the clerk of the Same subject. Court of Common Pleas without formal certificate, subject to the full power and entire jurisdiction of the said "the Criminal Court of Hamilton county," in the same manner as though the place of custody had been changed, and the said recognizances formally certified out of one court into the other. SEC. 3. That all persons required by recognizances to ap- Same subject. pear before the Court of Common Pleas, for the first district, at the May term aforesaid, to answer any criminal matter, indictment or accusation, shall appear and answer the same in "the Criminal Court of Hamilton county," and shall be tried and otherwise made subject to order and judgment in the court last named. inal Court. SEC. 4. That "the Criminal Court of Hamilton county" Power of Crimshall have the same power to forfeit and open cognizances (including the recognizances named in this act,) as has been vested by any existing law or laws in the Court of Common Pleas. less than im Penitentiary SEC. 5. That in case of petit larceny and other inferior Punishment offences, whereof the punishment is less than imprisonment in prisonment in the penitentiary, no indictment by a grand jury being required, the said "the Criminal Court of Hamilton county" shall cause the prosecuting attorney to draw an information, setting forth briefly, but distinctly, the charge against the accused, on which charge such accused shall be tried, and be subject to judgment, unless the prosecuting attorney or his assistant, with leave of the court, shall otherwise direct. JAMES C. JOHNSON, April 30, 1852. President of the Senate. |